Walking is the most basic and universal way to get around. While some people walk for exercise or fresh air, others use walking as a free alternative to cars or public transportation. For many people, walking is the safest option available in many situations.
Unfortunately, pedestrian injuries are common. Drivers do not always properly scan the roads for pedestrians and bicyclists, leading to collisions and accidents. Because individuals and bicycles do not have the protective shell of a car, pedestrian accident victims can easily become seriously hurt. Many pedestrians suffer life-threatening injuries after being hit by a car.
With the help of an experienced pedestrian accident lawyer, you can file a personal injury case if you have been injured as a pedestrian. If someone you loved passed away due to an accident involving pedestrians, you may have grounds to file a wrongful death case.
With over 100 years of combined experience, the pedestrian accident attorneys at Axelrod & Associates are here for you if you have been injured due to a careless driver’s negligence in SC.
Many pedestrian crashes are caused by careless drivers who:
If you or a family member were hurt by a reckless driver who failed to keep a proper lookout, drove while intoxicated, or ignored the traffic laws, your Myrtle Beach pedestrian accident lawyer on the Axelrod team is here to help you.
We will negotiate with the insurance company, gather the evidence you need to prove liability and damages, and file a lawsuit for personal injury or wrongful death to recover the maximum compensation allowed under SC law and to hold the careless driver accountable for their actions.
Pedestrian accidents are often tragic and catastrophic – unlike an auto accident, there is no cage of steel to protect a pedestrian from an impact with a car or truck.
Pedestrian fatalities are rising in SC and across the country. For example, according to NHTSA, 6205 pedestrians were killed in pedestrian accidents in the year 2019. Every 85 minutes, a pedestrian was killed by a motorist in America.
All drivers have a duty to look for pedestrians before making turns, to stay within their lane, to not veer onto the shoulder where pedestrians may be walking, and to look for pedestrians before proceeding through an intersection.
If you believe you may have been partly at fault for the collision because there was no crosswalk or because you were walking on the roadway, contact one of our attorneys for a professional opinion as to liability. You may be entitled to compensation under SC’s comparative negligence rules even if you were partially at fault.
If you have been involved in a pedestrian accident, you may have questions.
Below, we provide some general information, but you should contact a Myrtle Beach pedestrian accident attorney immediately to discuss the specifics of your case and to find out what your options are.
When a driver hits a pedestrian or bicyclist because the driver was negligent – for example, by failing to keep a proper lookout or by violating a SC traffic law, that driver is liable for the damage that they caused.
In some cases, there may be other third parties who were responsible for the crash, like other drivers, other pedestrians or bicyclists, businesses or residences who cause unsafe road conditions, or municipalities that fail to maintain safe roads and crosswalks.
NHTSA recommends that pedestrians:
If you experience an injury as the result of a pedestrian accident, you can file a pedestrian accident claim in civil court. This claim falls under the category of personal injury and can help you get additional compensation above what the insurance company gives you. These settlements often account for your medical bills, lost income from time off work, any decrease in your earning power, and pain and suffering. You will need a pedestrian accident attorney to earn the maximum compensation for your case.
Drivers are required to account for normal pedestrian and human behavior when driving. This means that if a pedestrian is acting reasonably, drivers are responsible for being aware of them. Pedestrian negligence occurs when a driver fails to reasonably care for a pedestrian engaging in normal behavior. If a driver hits a pedestrian who is behaving erratically or engaging in dangerous or abnormal behavior, pedestrian negligence may not apply, and the driver is likely not at fault.
Yes. If a pedestrian’s illegal or negligent behavior caused the accident, the driver may make a claim against them with the help of a pedestrian accident attorney. However, these situations are rare. Drivers must take reasonable care to avoid hitting pedestrians, so unless the pedestrian does something extreme, the driver is likely at fault. However, if a pedestrian runs into the street suddenly and without a crosswalk, for example, the driver may make a claim against them.
South Carolina drivers are legally required to have at least $25,000 in liability insurance. However, some drivers still do not have insurance at all. In some cases, you may be able to win a personal injury case against the driver if they were being negligent. Because of these factors, it is difficult to say how much you may receive after being hit by a car. The more severe your injuries are, the higher the compensation will likely be.
If you have been injured by a negligent motorist in South Carolina, the Myrtle Beach pedestrian accident attorneys at Axelrod & Associates may be able to help you to get maximum compensation for your injuries.
Call 843-353-3449 or complete our contact form for a free initial consultation.